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Abstract:
The Canada-United States-Mexico Agreement (CUSMA) is the new high-water mark in international intellectual property (IP) law. CUSMA includes most of the Trans-Pacific Partnership provisions that were suspended in the Comprehensive and Progressive Trans-Pacific Partnership, except for a few pharmaceutical-related provisions amended after signing. Canada will be required to make meaningful changes to domestic IP laws, including copyright term extension, criminal penalties for tampering with digital rights management information, restoration of patent terms to compensate for administrative and regulatory delays, broader and longer protection for undisclosed testing data and other data, new civil and criminal remedies for the misappropriation of trade secrets, and additional powers for customs officials to seize and destroy IP-infringing goods.

Abstract:
This special report assesses the challenges that China is facing in developing its artificial intelligence (AI) industry due to unprecedented US technology export restrictions. A central proposition is that China’s achievements in AI lack a robust foundation in leading-edge AI chips, and thus the country is vulnerable to externally imposed supply disruptions. The COVID-19 pandemic has further decoupled China from international trade and technology flows. Success in AI requires mastery of data, algorithms and computing power, which, in turn, is determined by the performance of AI chips. Increasing computing power that is cost-effective and energy-saving is the indispensable third component of this magic AI triangle. Research on China’s AI strategy has emphasized China’s huge data sets as a primary advantage. It was assumed that China could always purchase the necessary AI chips from global semiconductor industry leaders. Until recently, AI applications run by leading-edge major Chinese technology firms were powered by foreign chips, mostly designed by a small group of top US semiconductor firms. The outbreak of the technology war, however, is disrupting China’s access to advanced AI chips from the United States. Drawing on field research conducted in 2019, this report contributes to the literature by addressing China’s arguably most immediate and difficult AI challenges. The report highlights China’s challenge of competing in AI, and contrasts America’s and China’s different AI development trajectories. Capabilities and challenges are assessed, both for the large players (Huawei, Alibaba and Baidu) and for a small group of AI chip “unicorns.” The report concludes with implications for China’s future AI chip development.

Abstract:
The rapid digital transformation occurring worldwide poses significant challenges for policy makers working within a governance framework that evolved over centuries. Domestic policy space needs to be redefined for the digital age, and the interface with international trade governance recalibrated.
In this paper, Dan Ciuriak and Maria Ptashkina organize the issues facing policy makers under the broad pillars of “economic value capture,” “sovereignty” in public choice and “national security,” and outline a conceptual framework with which policy makers can start to think about a coherent integration of the many reform efforts now under way, considering how policies adopted in these areas can be reconciled with commitments under a multilateral framework adapted for the digital age.

Abstract:
From posting photos and videos to tracking physical activity, apps can do almost anything, but while they may seem like harmless fun, they may also pose a threat to personal data and national security. This paper compares the different responses of the United States, Canada and Germany to data risks posed by popular apps such as FaceApp, Facebook, Strava, TikTok and ToTok. These apps and many others store troves of personal data that can be hacked and misused, putting users (and the countries in which they live) at risk.

Topic:
Security, Digital Economy, Social Media, Data

Political Geography:
United States, Europe, Canada, Germany, North America

Abstract:
The United States, Australia, Japan, India, France, the United Kingdom, Indonesia and ASEAN have adopted the term “Indo-Pacific” as a policy symbol of regional engagement. However, less attention has been given to the change in the geographical definition of the “Indo-Pacific”. This study examines how these countries have adjusted the geographical scope of “Indo-Pacific” to understand how they conceptualise the region. It finds that the inherent core area of the “Indo-Pacific” is from India to the Southeast Asian countries and the seas from the eastern Indian Ocean to the South China Sea, and that the “Indo-Pacific” has converged eastwards and diverged westwards through the geographical adjustment process. It also found that some of the geographical definitions have an additional function of conveying diplomatic messages. These findings will help us understand how the concept of “Indo- Pacific” as conceptualised by various countries develops.

Abstract:
This paper examines the key drivers shaping Australia’s role as a middle power in an era of intensifying US-China strategic competition. These drivers include the influence of strategic geography; its historical legacy in international affairs; the impact of its economic relationships with states in the Indo-Pacific region; the changing demands of defence policy, including the potential offered by rapid technological change; and, the impact of climate change, resource constraints and demographic factors. The paper considers three possible scenarios that will shape Australia’s middle power policy choices – a US-China strategic equilibrium; a “China crash” scenario that promotes a more nationalist and assertive Chinese foreign policy; and a third “major power conflict” scenario where competition extends into military conflict. The paper concludes that Australia cannot maintain a delicate balance between its strategic alliance with the US and trading relationship with China. It argues there is a need for Australia to adopt a deeper strategic alliance with the US while promoting closer ties with its partners in the Indo-Pacific and supporting the growth of a Free and Open Indo-Pacific region to counterbalance growing Chinese power. Australia needs to embrace an Indo-Pacific step up, and as a middle power, reduce the prospect of a Sino-centric regional order emerging.

Abstract:
When Beijing threatened to restrict China’s export of rare earths (widely used in numerous important civilian and military technologies) to the United States at the end of May 2019, the world was reminded of China’s rare earths export disruption in the autumn of 2010 amid a maritime territorial conflict between China and Japan. In the past few years, the worldwide attention cast on the future supply security of rare earths and other critical raw materials has increased in the United States, the European Union, Japan and other countries owing to the global expansion of “green technologies” (including renewable energy sources, electric vehicles and batteries, and smart grids) and digitalisation as well as equipment and devices embedded with artificial intelligence.
In this paper, the term “critical raw materials” (CRMs) refers to raw materials critical to industries that are also import-dependent on them, and to new technologies which often have no viable substitutes and whose supply, besides being constrained by limited recycling rates and options, is also dominated by one or a few suppliers. CRMs include rare earth elements (REEs), which comprise 17 different elements (see Figure 4).
The global race for the most advanced technologies dependent on CRMs has intensified the competition for access to as well as strategic control of REEs, lithium, cobalt, copper, nickel and other CRMs. This working paper analyses the global supply and demand balance of three CRMs (REEs, lithium and cobalt, the latter two being major raw materials for batteries) in the foreseeable future and whether ASEAN countries can play a role as producers and suppliers of CRMs. It also examines potential counterstrategies for mitigating and reducing the global demand for CRMs, such as substitution, reduced use of CRMs, and recycling and re-use.

Abstract:
Despite having played a central role in the creation of the international nuclear commercial sector, today the United States is increasingly on the outside looking in when it comes to civil nuclear projects. The United States now accounts for a relatively small number of new reactor builds, both at home and abroad. There are a few rays of sunshine for the US nuclear industry, especially when it comes to new technology. In fact, many of the new reactor builds that are underway do involve US technology and intellectual property, even if others are performing the construction. To take advantage of a similar dynamic, US innovators are looking to both new and forgotten designs as a way of managing the challenges of nuclear fuel manufacture, safety, waste management, security cost, and proliferation. But these new technologies face an uncertain future (and so consequently does the US role), even notwithstanding the advantages nuclear energy would bring to managing climate change and the edge the United States may have in their development.
Various factors account for the challenges facing the US nuclear industry, including the complex political, economic, scientific, and popular environment around nuclear technology and civil nuclear energy. Of the various problems potentially plaguing US nuclear energy policy, one remains both difficult to address and controversial: US requirements for nuclear cooperation, and in particular, the demand from many in Congress and the nonproliferation community that the United States insist on binding commitments from its cooperating partners to forswear developing enrichment and reprocessing technology. While this policy is not responsible for the decline of the US nuclear industry, it adds additional hindrance to US nuclear commerce abroad and may even be to the long-term detriment of US nonproliferation policy interests.
If so, then the questions that arise are whether this is in the US interest and, if not, how the US ought to respond. If the government believes that having a role in international nuclear commerce is advisable on both economic and strategic grounds, then it needs to decide whether to commit resources to incentivize foreign partners to overlook the problems its nonproliferation policies may cause these partners or seek modifications to those policies.
From a pure nonproliferation perspective, it would be preferable for the United States to invest in its nuclear industry to ensure it is competitive globally. But, this does not seem to be a likely course of action for the United States given the myriad political, legal, and budgetary complexities that would be involved. Consequently, this paper recommends several changes to how US nuclear cooperation agreements are negotiated as well as enhancements to overall US nuclear nonproliferation policies. In aggregate, they seek to rebalance and reformulate some aspects of US nuclear nonproliferation policy to make it more effective and efficient, particularly regarding engagement in civil nuclear commerce, but without compromising the core nonproliferation interests the current US diplomatic approach seeks to advance.
With respect to nuclear cooperation agreements, the paper recommends the following:
Relaxing the current US preference for a legally binding commitment to forswear all enrichment and reprocessing capabilities indefinitely for these agreements, while continuing traditional US policy to discourage these technologies development through various means.
Relying on enhanced inspector access and improved verification tools, technology, and practices to provide confidence on the nondiversion of civil nuclear cooperation rather than assurances regarding enrichment and reprocessing that, in any event, are potentially revocable.
Adopting a favorable view of “black box” transfers of nuclear power reactors and building this into policy as new, advanced reactor concepts are being explored, developed, and marketed.
Creating a new sanctions regime to cover countries that pursue enrichment and reprocessing capabilities after concluding a 123 agreement.
With respect to nuclear nonproliferation policy more generally, the paper recommends the following:
Developing an annual nonproliferation indicators publication to identify trends in proliferation, including the kinds of goods that proliferators are potentially seeking. This document would also include a list of countries where there are presently enhanced concerns regarding national nuclear programs or concerns about transshipment and export control risk. Its objective would not be to serve as a proxy for future sanctions designations decisions but rather to give a broad perspective of the challenges that exist with particular jurisdictions even—and perhaps especially—if there is no need or justification for sanctions at present.
Developing a warning system for sought-after goods. The United States should work with industry to develop a restricted database that identifies sensitive goods that are being sought. This database would be accessible to corporate compliance officers, who would be vetted for access to the information. Within it, the database could also include additional information about the sorts of tactics being employed by proliferators.
Making greater use of end use verification as a means of facilitating monitoring of the nonproliferation commitments of countries, particularly regarding dual use technology. This could also be built out to include greater collaboration with partner countries and companies.
Amending Executive Order 13382, which provides for sanctions against proliferators of weapons of mass destruction, to add a prong of “willful negligence.”

Abstract:
This paper records the path by which African Americans were transformed from enslaved persons in the American economy to partial participants in the progress of the economy. The path was not monotonic, and we organize our tale by periods in which inclusiveness rose and fell. The history we recount demonstrates the staying power of the myth of black inferiority held by a changing white majority as the economy expanded dramatically. Slavery was outlawed after the Civil War, and blacks began to participate in American politics en masse for the first time during Reconstruction. This process met with white resistance, and black inclusion in the growing economy fell as the Gilded Age followed and white political will for black political participation faded. The Second World War also was followed by prosperity in which blacks were included more fully into the white economy, but still not completely. The Civil Rights Movement proved no more durable than Reconstruction, and blacks lost ground as the 20th century ended in the growth of a New Gilded Age. Resources that could be used to improve the welfare of whites and blacks continue to be spent on the continued repressions of blacks.